The following blog article was updated in January 2022.
Filing a false insurance claim or personal injury lawsuit carries serious criminal and civil ramifications. However, not all personal injury claims are fraudulent. Sometimes there are legitimately injured victims accused of falsifying information or faking their injuries.
It is common for insurance claim adjusters to try and throw out accusations of faking or falsified information to reduce the settlement of the claim altogether. When it happens to you, it is imperative that you know your rights and speak with an injury attorney immediately.
Insurance companies cannot simply deny your claim stating you have made it up. Instead, they have rules that they must follow before denying a claim – otherwise, they could be in violation of federal and state insurance conduct laws too.
What Constitutes a Fake Injury Claim?
Sadly, it does not take much for the courts to consider a claim “false.” If you fail to disclose information, the court may assume that you have done so fraudulently – and grant the insurance company’s request to dismiss the suit.
Common examples of cases deemed fake or fraudulent include exaggerating injuries, faking injuries, staging the accident, or making false representations during statements and depositions.
Defending Yourself Against Accusations of a False Claim
If the insurance company is trying to accuse you of a fake claim, falsifying information, or outright faking your injuries, there are things you can do to defend yourself and prove to the courts that your injury is legitimate.
- Gather evidence when you can. The more evidence you have, the better for your case. Naturally, when you are seriously injured it is not easy to collect evidence. However, there are ways to collect it, such as getting a copy of the police report, taking photographs, keeping copies of all medical bills, statements, test results, scans, and receipts for any out-of-pocket costs.
- Be honest and upfront. Never omit a detail. When you are giving a statement, be honest, succinct, and avoid any embellishments. The more exaggeration you provide, the easier it is for the insurance company to claim you filed a fraudulent lawsuit.
- Keep an injury journal. It is difficult to recall exactly how you felt immediately after an accident, especially if your deposition takes place months or years after the fact. To prevent an accusation that you have omitted information or misrepresented the facts, keep an injury journal. Document your physical pain, emotional trauma, and whatever thoughts you have gone through your head – including fears, anxiety, or depression.
- Avoid social media. Social media is a place you go to share information and even vent amongst family and friends. Sadly, it is now one of the first places insurance claim adjusters and defense attorneys look to if they want to dispute statements in a personal injury claim. Avoid discussing the details of your lawsuit on Facebook and other social media websites. Furthermore, make sure your profile is set to private and tell family and friends to not tag you in posts or pictures while your case is ongoing. The less information claim adjusters and investigators have access to, the better for your case.
Hire a Qualified Injury Attorney in the State of Washington
Insurance companies will try to say you are exaggerating your injuries, omitted details, or outright filed a false claim. These accusations might be common, but you can prevent them from being detrimental to your case simply by hiring an attorney that has experience with personal injury claims and insurance adjusters.
To get started with your case, contact an injury advocate from Brett McCandlis Brown & Conner, PLLC today. Our attorneys are here to protect you from claims of false injuries, and we will aggressively fight for your right to compensation.
Schedule a free, no-obligation consultation today at 800-925-1875 or request more information online.